Title 77 - Utah Code of Criminal Procedure - Chapter 18a - The Appeal - Section 1 - Appeals -- When proper. (Effective 10/1/2020)


Published: 2020-10-01

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Utah Code

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Effective 10/1/2020 Superseded 5/5/2021 77-18a-1 Appeals -- When proper. (1) A defendant may, as a matter of right, appeal from:

(a) a final judgment of conviction, whether by verdict or plea; (b) an order made after judgment that affects the substantial rights of the defendant; (c) an order adjudicating the defendant's competency to proceed further in a pending

prosecution; or (d) an order denying bail, as provided in Section 77-20-1.

(2) In addition to any appeal permitted by Subsection (1), a defendant may seek discretionary appellate review of any interlocutory order.

(3) The prosecution may, as a matter of right, appeal from: (a) a final judgment of dismissal, including a dismissal of a felony information following a refusal

to bind the defendant over for trial; (b) a pretrial order dismissing a charge on the ground that the court's suppression of evidence

has substantially impaired the prosecution's case; (c) an order granting a motion to withdraw a plea of guilty or no contest; (d) an order arresting judgment or granting a motion for merger; (e) an order terminating the prosecution because of a finding of double jeopardy or denial of a

speedy trial; (f) an order granting a new trial; (g) an order holding a statute or any part of it invalid; (h) an order adjudicating the defendant's competency to proceed further in a pending

prosecution; (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for Execution, that an

inmate sentenced to death is incompetent to be executed; (j) an order reducing the degree of offense pursuant to Section 76-3-402; or (k) an illegal sentence.

(4) In addition to any appeal permitted by Subsection (3), the prosecution may seek discretionary appellate review of any interlocutory order entered before jeopardy attaches.